TERMS AND CONDITIONS OF USE
NEWSREADECK
GENERAL ASPECTS
The following terms of use are a binding agreement between You and Newsreadeck. The terms referred apply to the use of the entirety of the services that Newsreadeck makes available to you, whether through a Subscription, Trial Period or Sponsored Access. The same applies in the case of access to any free feature of Newsreadeck's services. By using Newsreadeck You agree to the terms that apply to your use, which also include the Privacy Policy. If you disagree with the Terms set forth herein, please do not use the Newsreadeck platform. Again, if you choose to use Newsreadeck, we will consider - from now on - that you have given your consent to the Terms of Use.
SPECIFIC ASPECTS
1. Newsreadeck and its services
Newsreadeck provides a number of functions and features that allow you to access, read, listen to, use and comment on content that Newsreadeck has the ability to access through the authors' public sources, which are freely available to third parties.
The User acknowledges that all content displayed on Newsreadeck comes from public data sources - or open data sources for some countries - provided by newspapers and/or magazines, which are solely responsible for the information provided.
Remember, Newsreadeck only displays content that is in such conditions, public and available to third parties.
2. Account registration
Some Services offered by Newsreadeck may be available only to those Users who register their account (a "Registered Account"); the User must be 13 years old (16 years old, for residents of the European Union, or older, according to the regulations in force in the place of residence) to obtain a Registered Account. In the case of minors, 13 or 16 years of age depending on their place of residence, the adults responsible for them -parents, legal guardians or the legal figure that corresponds to the place of residence- must provide written authorization through our contact details (info@newsreadeck.com) and the consent of the responsible party in relation to these Terms of Use, so that they can obtain a registered account.
Among your obligations, in addition to those related to the security of your password and privacy of the services provided by Newsreadeck, you have to provide updated and accurate information about your account, such as your location and billing information -in the case of subscriptions-.
In this sense, for a better functioning of the application, your account and/or to avoid identity theft, Newsreadeck may ask you to provide additional personal information. This is under the conditions established in our Privacy Policy, which sets out how we collect, use and protect such information.
3. About your responsibilities
The User may only use Newsreadeck and the technological tools of the application for purposes in accordance with the scope established in these Terms of Use.
The User shall not use the application as a means to carry out an unlawful act and/or activity -such as, but not limited to- the following, namely: i) Impersonate or carry out any type of fraudulent activity that may affect the User and/or third parties; ii) Post comments, images, information or any type of content that may be sexist, discriminatory, racist, defamatory or that in any way attacks against public order or is considered unlawful; iii) Violate the privacy, private life, honor, reputation or imply harassment or any type of harm to Users and/or third parties; iv) Carry out advertising acts that were not previously and expressly authorized by the developer; and v) In general, any other activity that may be considered unlawful by our laws.
In this sense, the User undertakes not to carry out any activity that could cause damage to another User, the developer and/or third parties. In order to achieve a correct use of Newsreadeck, the Users commit themselves not only to what is described in the previous paragraph but also to report any activity carried out by another User that could be included within those established in this document to the e-mail adress: Info@newsreadeck.com
As you were previously noticed, Newsreadeck makes the application available to you only for personal, non-commercial use. Accordingly, do not intend to sell (in whole or in part) the content displayed. Newsreadeck must always be used in accordance with the laws of the user's place of residence, and not in jurisdictions where this is prohibited.
You, as a responsible user, must undertake not to limit or impede the use of Newsreadeck by any other user; not to interfere with the normal operation of the Newsreadeck application in any way, but in particular not to compromise the infrastructure through which Newsreadeck provides its services; not to post articles, images, stories, software or other content, that violates or infringes the rights of others, including content that is considered an invasion of privacy or publicity rights or that protected by any intellectual property, proprietary rights, including but not limited to copyrights, patents, trade secrets, trademarks or other proprietary rights herein, or derivative works resulting from them, without first obtaining the permission of the owner or rights holder; not to post content that promotes racism, intolerance, hatred or physical harm of any kind against any group or individual, content that may be harmful to minors, that harasses or advocates harassment of another person, content that exploits persons under the age of 18 in a sexual or violent manner, and content that provides instructional information about illegal activities, including, but not limited to, the manufacture or purchase of illegal weapons; among others. You are also advised that you are prohibited from using Newsreadeck for commercial purposes, such as posting content containing advertising, contests, sweepstakes or pyramid schemes.
By agreeing to these Terms, You are allowing Newsreadeck to review the content prior to its publication and, in the event that it violates these Terms of Use, Newsreadeck may refuse to publish the content without notice. Publications made by Users do not represent the views or opinions of Newsreadeck, which is not responsible for the content of such publications but of the User who made them. Be careful, your opinions may cause damage to Newsreadeck, other Users or third parties for which you will have to respond personally and financially if so decided by the interpretation of the law.
Newsreadeck assumes no obligation to investigate upon a complaint from a User but, if Newsreadeck deems it appropriate, it will take the corresponding measures in each case, such as the removal of the publication or, worse, the cancellation of the subscription.
Regarding the use of Newsreadeck, it may be suspended or limited in the event that it becomes excessive and unreasonable, at the discretion of Newsreadeck and without prior notice, as we must take care of the proper functioning of the system. Without it being exclusive, it can be understood that the above is configured when a User tries to access/download more than three hundred (300) editions of a publication during the course of one (1) month.
4.Terms and Services that may vary
Newsreadeck may, at any time, change, modify and/or update temporarily or permanently the terms and conditions of use and Service, which may include but are not limited to the Terms of Use, the terms and features of any Newsreadeck product, publications or any other available content, as well as the cost of subscription or download, time of availability, removal of features, access restrictions to all or part of the service or the conditions necessary to access Newsreadeck and its services, all with or without notice. Remember that, as stated above, if you continue to use Newsreadeck's services, it will be tacitly understood that you have accepted the respective modifications and you cannot hold Newsreadeck liable for this, nor other Users nor third parties.
Always keep in mind that if you have any questions, you can contact the developer at info@newsreadeck.com.
5. Intellectual property
The developer is the sole and exclusive owner of everything related to the design, implementation and content of the interface and its operation, including the graphic design and source code of Newsreadeck, all of which are protected by copyright and other rights granted in the legal systems of each jurisdiction in which Newsreadeck is used and, in particular, in the Paris Convention for the Protection of Industrial Property, in its modifications and its concordant provisions.
The service provided by Newsreadeck contains copyrighted, trademarked and proprietary material. By virtue of this, You acknowledge that Newsreadeck is the owner of the intellectual property rights with respect to, without limitation, the content contained in the publications, the service itself, the format in which the entire Newsreadeck application is displayed, the combination used for its visualization, the type of tools available to the Users, etc. We are letting you know that no license to the intellectual property of Newsreadeck or our licensors is granted, except as otherwise expressly stated herein.
These rights belong exclusively to the developer or its licensors, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of Newsreadeck, the tools included, its sections or any other aesthetic or computer content existing therein, and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.), as well as the databases and the software necessary for their visualization or operation and any object that according to current legislation is protectable by intellectual property laws, is expressly prohibited.
Users may not in any case exploit or use commercially, directly or indirectly, in whole or in part, any of the contents. Authorization for the use of any content of the website may be requested to the e-mail address info@newsreadeck.com. The provisions of the preceding paragraphs shall in no case imply the assumption of responsibility by the developer for the content, nor shall it give rise to any right to compensation for Users or third parties.
Trademarks, trade names, signs of establishments, designations, logos, slogans or any type of distinctive sign displayed on Newsreadeck may not be used.
The developer expressly reserves all civil and criminal proceedings that under national, supranational and/or local legislation where Newsreadeck is used may apply as a consequence of the infringement of the industrial and intellectual property rights to which it is entitled.
Likewise, the developer declares that the isologotypes present in Newsreadeck -with the exception of its name and format- do not correspond to its authorship or intellectual property. Their exhibition is made for mere aesthetic and identification purposes, without implying any economic benefit or concrete and proper use of the exercise of the intellectual property rights over them.
The Newsreadeck logo is the exclusive property of the developer.
6. Regarding what is exhibited from third parties
Newsreadeck is not a publisher with respect to the content provided by third parties and therefore cannot be held liable for the lack of editorial control over such content. Newsreadeck only distributes the content, so we cannot be held responsible for what the content expresses. All such content, in whatever form - opinion, advice, statements, offers or any other - in which the third party has expressed it does not belong to Newsreadeck nor does it express Newsreadeck's opinion. Neither Newsreadeck nor any information provider guarantees the accuracy, timely availability, integrity or usefulness of any content. Under no circumstances shall we be liable for any loss or damage caused by your reliance on information obtained through the Services. The Services may contain links to other Internet sites and third party resources. We are not responsible for the availability of these external resources or their content.
Newsreadeck does not guarantee in any case the veracity and/or accuracy of the information displayed or the literalness or accuracy of the translation at the time of using such tool and, in the same sense, the developer disclaims any liability arising from such displays and/or translations in Newsreadeck.
Newsreadeck shall not be responsible for the privacy policies of the sites to which the User wishes to access, nor for the news contained therein.
7. Control
As we stated before, although we do not assume the obligation to control and/or monitor the services provided by Newsreadeck, we have the right to remove any content that, at our sole discretion, we understand that it may constitute a violation of these Terms or that its use entails any harm or damage to third parties after prior notice to Newsreadeck from those who could be notoriously harmed.
8. Payments and invoicing for Subscriptions
In the case of Subscriptions, Newsreadeck informs those who decide to take a Subscription that a differential fee may be charged. Once you decide to accept the subscription, you must pay for it by the means of payment offered by Newsreadeck, which may be by credit card or other means that the subscriber will be informed in advance.
For this type of rated memberships, we inform the Subscriber that Newsreadeck is not responsible for currency conversions or, much less, for any additional items that may be charged by the chosen financial institution. Newsreadeck charges the price only in the displayed currency, regardless of the fact that the final amount in your local currency may be different at the time your financial institution performs the currency conversion due to its implicit rate, this is the responsibility of the intermediary. Newsreadeck is not responsible for and does not benefit from any fees charged by your financial institution for performing currency conversions, any price differences that may result due to conversion rates or any changes in conversion rates.
In case you decide to change the method of payment, you must contact Newsreadeck by e-mail at -info@newsreadeck.com-. For this reason, we request that the payment methods are updated, since You assume all responsibility for any expenses that Newsreadeck may incur with the payment processors in relation to your account in the absence or insufficiency of funds in the chosen method. As a penalty, you agree that Newsreadeck will charge you USD.20.- for each rejected, overdue or unaccepted payment.
You agree that, in case of subscription, the subscription will be automatically renewed on a monthly basis upon expiration, and You reserve the unwaivable right to cancel the subscription at any time. In the event of requesting a proportional refund of an unused portion, it shall be at the sole discretion of Newsreadeck.
9. What does it entail to accept these terms and conditions?
You, as User/Subscriber, by accepting these terms and conditions, implicitly agree that: (i) You accept the terms and conditions at your sole risk; (ii) You accept the services provided without warranty of any kind as to their availability, title, non-infringement, interference, accuracy of the data displayed or translation; (iii) You accept that Newsreadeck specifically does not guarantee the operation of the service made available to you, in whole or in part, nor does it guarantee that the displays contain no errors or that its translations are accurate, likewise You understand that no guarantee is made regarding accuracy, integrity, reliability or content of the information displayed; (iv) You accept that Newsreadeck will not be responsible for your local Internet connection and will not indemnify or refund any amount in the event that you are unable to access the application or use its services in full; and (v) Remember, all content - read publications - made available by the services on Newsreadeck does not guarantee any kind of reliability, since they are for entertainment purposes only and we shall not be liable for them in any way, since Newsreadeck is only making its services available to You for Your intended purposes.
10. Limitation of liability
Newsreadeck assumes no responsibility for the consequences of Your use or misuse of the application. In no event shall Newsreadeck be liable for any direct or indirect, pecuniary (including, without limitation, lost profits), non-pecuniary and/or punitive damages of any kind arising out of Your use or misuse.
By accepting this You acknowledge that Newsreadeck is not responsible for acts that are defamatory, offensive or unlawful towards other Users, Subscribers or third parties, for which You fully and absolutely assume personal and non-delegable responsibility, exempting Newsreadeck from any legal consequences that this entails, directly or indirectly.
Newsreadeck only assumes, by way of full compensation for any claim arising from the proper use of the services and provided that it does not fall within the exclusions set forth in these terms, the equivalent of up to a maximum of six (6) months of subscription.
You assume full responsibility and exempt Newsreadeck from all consequences arising from access to third party links for which Newsreadeck is not responsible in any way.
11. Compensation assumed by You
You agree to defend, indemnify and hold harmless Newsreadeck, its affiliates and developer from and against all claims and costs (which may include attorneys' fees), resulting from your use or inability to properly use the services provided, and you agree to cooperate fully with Newsreadeck or its developer in any and all requests made by Newsreadeck or its developer in defense of such claims.
12. Termination of your subscription
You agree that Newsreadeck may reduce, suspend or terminate - temporarily or permanently - its Services and/or these Terms at any time and for any reason it deems necessary.
In the case of a User with a current Subscription, the termination of your account does not exempt You from being the sole responsible for the payment of the fee or any other assumed charges.
Please note that, notwithstanding such termination, all provisions of these terms and conditions relating to intellectual property, indemnification and disclaimers remain in full force and effect. For all personal information in effect at the time you terminate your account, please refer to our Privacy Policy.
13. Be careful with the way you use the services.
By accepting the terms and conditions, You agree not to publish content that: (i) May harm other Users or third parties or that promotes violence or incites hatred, in any of its forms; (ii) Discriminates against other Users and/or third parties based on their sex, race, ideology, religion or nationality; (iii) May threaten the integrity of minors or that have child pornography or pedophilic intentions; (iv) Contains and/or use data or information of other Users and/or third parties without their express and prior consent; (v) Involves a possible infringement of copyright without express and prior consent; (vi) Transmits viruses or automatically installs software on other Users, without their express and prior consent, and (vii) Involves spam or advertising that Newsreadeck has not previously and expressly consented to.
14. Additional regulations
You agree to comply with any and all regulations and policies further established for the purpose by Newsreadeck, which shall form part of these Terms of Use. These Terms of Use, including the Privacy Policy and the Software License Agreement, jointly with any other operating regulation or policy created for that purpose by Newsreadeck, constitute the entire agreement between you and Newsreadeck with respect to the Services.
15. About source language translations
In the event that the User wishes to use the translation tool available within Newsreadeck, he/she is informed that this option does not guarantee a perfect translation of the publication in its source language and the developer shall not be liable for any errors that may affect its interpretation or even the making of any financial or personal decision by the User. Therefore, we expressly request that such decisions be previously consulted with an official translator of the respective language in order to avoid errors that may result in damage to his/her patrimony and/or person.
16. External controls
By accepting these terms and conditions, you expressly agree to comply with all restrictions and regulations of the U.S. Department of Commerce, Canada's Department of Foreign Affairs, Trade and Development, the U.K. Department for Business, Innovation and Skills, and the United Nations, or any other domestic or foreign agency or authority in relation to your use of the Services, and not, in violation of local law, the authorization of the transfer of any Services to the U.S., Canada, United Kingdom or any other country that is part of the United Nations.
17. Jurisdiction and applicable law
All matters relating to the terms of use and how to use Newsreadeck are governed by the applicable law.
Any type of claim filed against the developer in relation to Newsreadeck will be submitted, as long as the legislation in force allows it, to the jurisdiction of the Provincial or Federal Courts of the city of Rosario (Argentine Republic), and the claimant User expressly waives the right to any other jurisdiction to which he/she may be entitled by domicile and/or any other condition that may correspond to the User.